Northeast Canyons and Seamounts Marine National Monument

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Northeast Canyons and Seamounts Marine National Monument
Coral variety - Oceanographer Canyon.jpg
Variety of corals in Oceanographer Canyon
Northeast Canyons and Seamounts Marine National Monument map NOAA.png
Location Atlantic Ocean
Coordinates 39°42′13″N67°10′11″W / 39.70361°N 67.16972°W / 39.70361; -67.16972
Area4,913 square miles (12,720 km2)
CreatedSeptember 15, 2016 (2016-September-15)
Governing body U.S. Department of the Interior and U.S. Department of Commerce

The Northeast Canyons and Seamounts Marine National Monument is a marine national monument of the United States off the coast of New England, on the seaward edge of Georges Bank. It was created by President Barack Obama on September 15, 2016, as the first U.S. marine national monument in the Atlantic Ocean. [1] [2]

Contents

The area includes four underwater mountains and three deep-sea canyons. It is home to endangered whales and other rare species, some found nowhere else in the world. [2] [3]

Geography and geology

The Northeast Canyons and Seamounts Marine National Monument is located within the New England and mid-Atlantic regions, 130 miles southeast of Cape Cod. [1] It comprises a total area of 4,913 square miles, [1] and protects four underwater seamounts (Bear, Mytilus, Physalia, and Retriever Seamounts) and three submarine canyons in the edge of the continental shelf (Oceanographer, Lydonia, and Gilbert). [4]

Biology and ecology

The area is home to rare and endangered species, including sperm whales, fin whales, sei whales and Kemp’s ridley sea turtles. [5] According to marine scientists who have studied the area, it is an area of high biological diversity, containing many "hot spots" of seafloor and epipelagic life, as well as providing ecological connectivity across depths and along the continental margin. As such, it provides a relatively undisturbed reference site for future ecological research and on climate change impacts, promising many scientific discoveries. [6]

Creation

President Barack Obama designated the Northeast Canyons and Seamounts Marine National Monument (NCSMNM) on September 21, 2016, by signing Proclamation 9496. [1] This action was based on the power to proclaim national monuments granted by the U.S. Congress under the Antiquities Act of 1906 [7] to the president. [8] The Monument, which is located off the coast of New England, was the first fully protected marine reserve in the Atlantic Ocean. [9]

According to a White House press release, the Monument was created in response to half a century of calls to protect the area, due to its importance as a biodiversity hotspot, habitat for numerous rare and endangered species, and a valuable scientific and historical site. [1] [10]

According to the Proclamation, [1] the Northeast Canyons and Seamounts Marine National Monument is the smallest area feasible to provide necessary management; designating a smaller zone would lead to an inaccurate interpretation and protection of biodiversity within the fragile area. The designation of the Marine National Monument occurred after numerous meetings and deliberations with stakeholders including conservationists, community members, fishermen, and local businesses; administrative officials gathered social, economic, and environmental data to inform the creation of the Northeast Canyons and Seamounts Marine National Monument. [10]

Residing at depths of ~4,000 meters, deep sea corals and other foundational species are highly sensitive to anthropogenic disturbances such as bottom trawling and mining extractions. [1] The objective of the Northeast Canyons and Seamounts Marine National Monument is to maintain biodiversity for research, while encouraging and providing support to fisheries to become more efficient, resilient, and sustainable. [11] Within three years, following the creation of the Northeast Canyons and Seamounts Marine National Monument, NOAA and U.S. Fish and Wildlife Service will administer a management plan for the area, adapting to requests and changes. [12] Under the monument's status, stakeholders would continue to be engaged throughout the process through meetings with administrators. [11]

The final designation of the Northeast Canyons and Seamounts Marine National Monument protects 40% of the originally proposed area, after intense deliberation, considering equity to those affected. [13] Areas within the Marine National Monument will remain open to recreational fishing and all military activity. [1] Subsequent to the creation of the Marine National Monument, a 60-day transition period was allowed for all commercial industries, besides the Atlantic Lobster and Deep-Sea Red Crab fisheries, which were permitted to continue fishing in the area for seven years after the creation of the monument. [1] In order to evolve fishing industries into sustainable businesses, the National Oceanic and Atmospheric Administration (NOAA) was tasked to provide commercial fisheries with access to updated vessels and equipment, increasing efficiency and minimizing cost, as well as beneficial services to commercial fisheries, such as stock assessments and marine surveys. [10]

The monument area is also withdrawn from leasing for energy development. Two months after the monument's creation, President Obama also withdraw 26 additional canyons along the Outer Continental Shelf to the northeast and southwest of the monument from future mineral leasing. [14]

Controversy over fishing restrictions

Five commercial fishing industries, Massachusetts Lobstermen's Association, Atlantic Offshore Lobstermen's Association, Long Island Commercial Fishing Association, Garden State Seafood Association, and Rhode Island Fishermen's Alliance, took the creation of the Northeast Canyons and Seamounts Marine National Monument to court in early March 2017. [13] They stated that President Obama did not have the right to designate the Marine National Monument under the Antiquities Act. [13] In the case, Massachusetts Lobstermen's Association v. Wilbur Ross, the plaintiffs also argued that the 1906 Antiquities Act did not allow presidents to protect bodies of water, that the government lacked sufficient control of water many miles offshore, and that the nearly 5,000-square-mile monument was too large. [15] Furthermore, in a legal document published on March 29, 2017, the fishermen argued that the restrictions on commercial fishing at the Monument was unlawful and harmful to their businesses. [13]

The case, Massachusetts Lobstermen's Association v. Ross , was decided by United States District Court for the District of Columbia Judge James E. Boasberg, who ruled on October 5, 2018, that the Monument complied with the law, rejecting the plaintiffs' arguments regarding presidential jurisdiction. Boasberg wrote, "In all, plaintiffs offer no factual allegations explaining why the entire monument, including not just the seamounts and canyons but also their ecosystems, is too large...The Antiquities Act reaches lands both dry and wet", [15] which the Natural Resources Defense Council (NRDC) pointed out [16] was consistent with Supreme Court's June 6, 2005 ruling in Alaska v. United States that it was "clear" that "the Antiquities Act empowers the President to reserve submerged lands." [17]

In December 2018 the plaintiffs appealed the ruling to the U.S. Court of Appeals for the D.C. Circuit. [18] The U.S. Department of Justice filed a brief in support of the Monument [16] on May 29, 2019. [19] On December 27, 2019, the D.C. Court of Appeals upheld the lower court ruling on the same grounds, stating that federal law governing monuments did not apply solely to land, that the ocean was indeed within the jurisdiction of the federal government, and that restrictions placed on such areas were not required to be the "smallest area compatible" with management goals. [20]

The U.S. Supreme Court declined to review the Court of Appeals decision on March 22, 2021. [21]

Monument modification

On June 5, 2020, President Donald Trump signed a proclamation purporting to lift the restrictions on commercial fishing at the Monument but without modifying the boundaries. [22] [23] Environmental organizations that had campaigned for creation of the monument filed suit immediately. [24] The proclamation indicated that the boundaries of the Monument would not be affected. [23] The proclamation also stated that "appropriately managed commercial fishing would not put the objects of scientific and historic interest that the monument protects at risk," citing that many fish species used as justification for the original protections are highly migratory and that the Magnuson-Stevens Act, and other federal and state laws, provide sufficient protections. [22] The proclamation was applauded by fishing industry advocates, such as the National Coalition for Fishing Communities. [25]

Environmental groups such as the NRDC and the Center for Biological Diversity criticized the Proclamation. [24] The NRDC cited a July 23, 2018 Washington Post article that revealed that in 2017, the Trump administration’s staff intentionally concealed the fact that fishing vessels near the monument, in the words of the government, [24] [26] "generated 5% or less of their annual landings from within the monument", [9] which undermined the administration's rationale for reversing the restrictions on commercial fishing. [24] [26] The NRDC also pointed out that the government's own data showed that revenues and catch in the relevant fisheries were higher or the same following the monument's designation. [24] Gib Brogan, a fisheries analyst at Oceana, said, "Today’s proclamation is another nail in the coffin for both productive fisheries and healthy oceans in New England." [9] Additionally, a senior attorney for the Center for Biological Diversity, an organization that works to protect endangered species, said, "Gutting these safeguards attacks the very idea of marine monuments." [27]

On his first day in office, President Joe Biden signed an executive order, "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis." [28] The president directed the heads of all federal agencies to review every policy adopted during the Trump administration that affects public health, protection of the environment, conservation of national treasures and monuments, and the promotion of environmental justice and climate change resilience. [28] The Secretary of the Interior was directed to review the boundaries and conditions established for the Bears Ears, Grand Staircase-Escalante, and Northeast Canyons and Seamounts national monuments that had been modified by presidential proclamation in 2017 and 2020 and recommend presidential or other legal actions to restore the monument boundaries and conditions for access. [28]

On October 8, 2021, President Biden restored the original protections for the national monument, prohibiting commercial fishing and phasing out crab and lobster fishing by 2023. [29] [30]

See also

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References

  1. 1 2 3 4 5 6 7 8 9 Obama, Barack (September 21, 2016). "Northeast Canyons and Seamounts Marine National Monument". Federal Register . Retrieved May 3, 2017.
  2. 1 2 Donnelly, Kristin (September 15, 2016). "Obama to Create First Marine National Monument in the Atlantic". NBC News. Retrieved June 6, 2020.
  3. ↑ Northeast Canyons and Seamounts Marine National Monument (PDF). The Pew Charitable Trusts. 2016.
  4. ↑ Clayton, Ciaran (September 15, 2016). "Secretaries Pritzker, Jewell Applaud President's Designation of Northeast Canyons and Seamounts Marine National Monument". United States Department of the Interior. Archived from the original on September 16, 2016. Retrieved June 11, 2020.
  5. ↑ Earnest, Josh (September 15, 2016). "FACT SHEET: President Obama to Continue Global Leadership in Combatting Climate Change and Protecting Our Ocean by Creating the First Marine National Monument in the Atlantic Ocean". whitehouse.gov (Press release). Retrieved June 6, 2020– via National Archives.
  6. ↑ Auster, Peter J.; Hodge, Brooke C.; McKee, Michael P.; Kraus, Scott D. (2020-07-10). "A Scientific Basis for Designation of the Northeast Canyons and Seamounts Marine National Monument". Frontiers in Marine Science. 7: 566. doi: 10.3389/fmars.2020.00566 . ISSN   2296-7745.
  7. ↑ "54 U.S. Code § 320301. National monuments". Cornell Law School. Archived from the original on September 7, 2015. Retrieved June 7, 2020– via Legal Information Institute.
  8. ↑ Jarvis, Jonathan (June 10, 2015). "Enactment of Title 54, United States Code" (PDF). National Park Service. Archived from the original (PDF) on February 25, 2017. Retrieved June 7, 2020.
  9. 1 2 3 Fears, Darryl; Eilperin, Juliet (June 5, 2020). "Trump lifts limits on commercial fishing at ocean sanctuary off New England". The Washington Post . Archived from the original on June 7, 2020. Retrieved June 7, 2020.
  10. 1 2 3 "FACT SHEET: President Obama to Continue Global Leadership in Combatting Climate Change and Protecting Our Ocean by Creating the First Marine National Monument in the Atlantic Ocean". whitehouse.gov . September 15, 2016. Retrieved June 6, 2020– via National Archives.
  11. 1 2 "Northeast Canyons and Seamounts Marine National Monument FAQs". National Oceanic and Atmospheric Administration . Retrieved 3 May 2017.
  12. ↑ "Secretaries Pritzker, Jewell Applaud President's Designation of Northeast Canyons and Seamounts Marine National Monument". United States Department of the Interior. September 15, 2016. Retrieved May 3, 2017.
  13. 1 2 3 4 "Memorandum of Law in Support of Defendant Intervenor Applicants' Motion to Intervene" (PDF). United States District Court for the District of Columbia. March 29, 2017. Retrieved June 6, 2020– via Earthjustice.
  14. ↑ "Memorandum on Withdrawal of Certain Areas off the Atlantic Coast on the Outer Continental Shelf From Mineral Leasing" (PDF). December 20, 2016.
  15. 1 2 Green, Miranda; Cama, Timothy (October 5, 2018). "Judge upholds Obama's marine monument". The Hill . Archived from the original on October 5, 2018. Retrieved June 7, 2020.
  16. 1 2 Iwata, Jackie (June 7, 2019). "Important Week for the Northeast Canyons and Seamounts". Archived from the original on June 7, 2019. Retrieved June 7, 2020.
  17. ↑ "STATE OF ALASKA, PLAINTIFF v. UNITED STATES OF AMERICA". Cornell Law School. June 6, 2005. Archived from the original on May 7, 2006. Retrieved June 7, 2020– via Legal Information Institute.
  18. ↑ Massachusetts Lobstermen's Association. "Notice of Appeal, Massachusetts Lobstermen's Association v. Ross, 349 F. Supp. 3d 48 (2018) (No. 1:17-cv-00406-JEB)" (PDF). Court Listener. Archived from the original (PDF) on May 27, 2019. Retrieved June 7, 2020.
  19. ↑ United States Department of Justice (May 29, 2019). "Appeal from the United States District Court for the District of Columbia: RESPONSE BRIEF FOR THE FEDERAL APPELLEES" (PDF). Natural Resources Defense Council. Archived from the original (PDF) on June 7, 2020. Retrieved June 7, 2020.
  20. ↑ "Court upholds creation of national monument in Atlantic". Associated Press. December 27, 2019. Archived from the original on December 27, 2019. Retrieved June 7, 2020.
  21. ↑ Massachusetts Lobstermen's Assoc., et al. v. Gina M. Raimondo, Secretary of Commerce, et al., No. 20-97, U.S. Supreme Court, __ S.Ct. __, 2021 WL 1072288 (2021)(denial of petition for certiorari).
  22. 1 2 Trump, Donald (June 5, 2020). "Proclamation on Modifying The Northeast Canyons And Seamounts Marine National Monument". whitehouse.gov . Archived from the original on January 20, 2021. Retrieved June 7, 2020– via National Archives.
  23. 1 2 Frazin, Rachel (June 6, 2020). "Trump to reopen Northeast Canyons and Seamounts National Monument for fishing". The Hill . Retrieved June 6, 2020.
  24. 1 2 3 4 5 "Trump Illegally Eliminates Protections for First and Only Monument in the Atlantic Ocean". Natural Resources Defense Council. June 5, 2020. Retrieved June 6, 2020.
  25. ↑ "SAVING SEAFOOD COALITION MEMBERS APPLAUD PROCLAMATION RESTORING COMMERCIAL FISHING TO NORTHEAST CANYONS AND SEAMOUNTS MONUMENT". Saving Seafood. June 5, 2020. Archived from the original on June 8, 2020. Retrieved June 11, 2020.
  26. 1 2 Eilperin, Juliet (July 23, 2018). "Trump administration officials dismissed benefits of national monuments". The Washington Post . Washington D.C. Archived from the original on August 1, 2018. Retrieved June 7, 2020.
  27. ↑ Whittle, Patrick; Knickmeyer, Ellen (June 5, 2020). "Trump allows commercial fishing in marine conservation area". Associated Press . Retrieved June 6, 2020.
  28. 1 2 3 "Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis". Federal Register. 2021-01-25. Retrieved 2021-03-31.
  29. ↑ "FACT SHEET: President Biden Restores Protections for Three National Monuments and Renews American Leadership to Steward Lands, Waters, and Cultural Resources". The White House. 2021-10-08. Retrieved 2021-10-08.
  30. ↑ "A Proclamation on Northeast Canyons and Seamounts Marine National Monument". The White House. 2021-10-08. Retrieved 2021-10-21.
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